UT Bar Administrative Law 5

Question 1

A Utah agency revokes a professional license without giving the licensee notice or any opportunity to be heard. The strongest constitutional objection is a violation of:

Accepted Answer

Procedural due process, because a license is a protected property interest

Answer

A professional license is a property interest, so revocation requires notice and an opportunity to be heard under procedural due process.

Question 2

During a contested formal proceeding, a Utah agency wants to rely on a policy position never adopted through rulemaking. A party objects that the agency is required to use rulemaking. Under Utah law, an agency generally MUST use rulemaking when it:

Accepted Answer

Adopts a standard of general applicability that implements or interprets a statute and affects the rights of the public

Answer

Under the Utah Administrative Rulemaking Act, agency positions of general applicability that implement or interpret law and affect public rights must be adopted as rules.

Question 3

A default order is entered against a respondent in a Utah formal adjudicative proceeding after she fails to appear. Her best immediate remedy is to:

Accepted Answer

File a motion with the agency to set aside the default for good cause

Answer

UAPA allows the agency to set aside a default order upon a motion showing good cause, which must be pursued before seeking judicial relief.

Question 4

A Utah agency order becomes final. The losing party files a petition for reconsideration. Regarding the deadline for judicial review, filing the reconsideration request:

Accepted Answer

Is optional and, when denied or deemed denied, review must still be sought within the statutory 30-day window from the operative order

Answer

Under UAPA, reconsideration is not a prerequisite to judicial review, and the petition for review must be filed within 30 days of the applicable final order or deemed denial.

Question 5

Which of the following Utah agency actions is exempt from UAPA's adjudicative procedures?

Accepted Answer

The agency's adoption of an administrative rule through rulemaking

Answer

Rulemaking is governed by the Utah Administrative Rulemaking Act, not UAPA's adjudicative procedures, which apply to determinations of specific parties' legal rights.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Administrative Law 5